Don’t Forget: Mentor-Protege Town Hall Next Week

Join me in Oklahoma City March 26-28 as the Mid-America Government Industry Coalition hosts a town hall event on federal mentor-protege programs.

In the wake of major mentor-protege changes enacted in the National Defense Authorization Act, this event couldn’t be more timely.  The program features a diverse panel of subject matter experts from government and industry and will offer plenty of time for questions and networking.

All participants will receive a complimentary copy of my book, The Small Business Guide to Government Contracts.  Best of all, tickets to the March 27 NBA showdown between the Washington Wizards and Oklahoma City Thunder are available.

Please check out the event’s website and contact MAGIC with any questions.  I look forward to seeing you there!

GAO: Proposal Deadline Need Not Be Extended If Solicitation Amended

The GAO has held that the deadline for offerors to submit proposals need not be extended when an agency issues an amendment to the solicitation, unless the failure to extend adversely affects competition or was a deliberate attempt to exclude an offeror.

In a recent GAO bid protest decision, the GAO rejected the protester’s contention that the agency should have extended the proposal deadline to allow offerors more time to respond to two amendments–which were issued three days and one day, respectively, before the proposal due date.

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After Successful 8(a) Appeal, Veteran-Owned Firm Gains 8(a) Certification

After prevailing in its SBA OHA 8(a) appeal, a St. Louis-based communications and electrical construction contractor has been certified as a participant in the SBA’s 8(a) program.

The SBA’s decision to certify Innovet, Inc. shows the importance of pursuing an appeal of an unreasonable SBA 8(a) denial–and offers hope that the SBA is learning from its recent string of defeats at SBA OHA.

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Another 8(a) Appeal Upheld: Is The 8(a) Evaluation Process Fundamentally Flawed?

For the fourth time since December, and second time involving a woman-owned business, the SBA Office of Hearings and Appeals has held that the SBA misevaluated an 8(a) applicant on the “social disadvantage” requirement.

In the most recent case, Black Horse Group, LLC, SBA No. BDPE-468 (2013), SBA OHA again found that the SBA committed multiple errors in its 8(a) evaluation, including holding the applicant to an impermissible high standard of proof, failing to consider all evidence in the record, and drawing erroneous conclusions from the evidence it did consider.

Following on the heels of recent SBA OHA 8(a) appeal decisions involving a disabled veteran, a physically disabled man, and a woman business owner, it is fair to ask: is the SBA’s 8(a) social disadvantage evaluation process fundamentally flawed?

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Contractor To Pay $5.65 Million In GSA Price Reduction Clause False Claims Case

A New York government contractor has agreed to pay $5.65 million to resolve claims that it violated the False Claims Act by failing to comply with the Price Reduction Clause in its GSA Schedule contract.

The hefty settlement is a strong reminder that the GSA takes the Price Reduction Clause very seriously, and that failing to abide by the Price Reduction Clause can lead to significant repercussions.

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Free Webinar: Teaming Agreements and Joint Venture Agreements

Interested in creating compliant and effective joint venture agreements, teaming agreements, and subcontracts?  Join me this Friday, March 15, for a free webinar sponsored by Powering Up! Small Business Teams.

The webinar will cover mandatory provisions to include in joint venture agreements under the 8(a), WOSB and SDVOSB programs, required subcontract “flow downs” and other small business teaming requirements.  In addition, we will go beyond the minimum legal requirements and discuss best practices for thorough and effective teaming documents–topics such as dispute resolution, termination, exclusivity, non-disclosure of confidential information, and more.

To register for Friday’s free webinar, or find out more information, visit the webinar’s registration page.  And if you’re interested in learning more about the ins and outs of small business teaming, mark your calendar for the upcoming teaming webinars in the Powering Up! webinar series.

False WOSB Self-Certifications Potentially Rampant, Says NASA OIG

False or incorrect women-owned small business self-certifications may be a significant government-wide problem, according to a recent audit report issued by the NASA Office of Inspector General.

The NASA OIG report states that in a study of sampled awards to self-certified WOSBs, 7 out of 20 awardees, or 35 percent, “may not have met the criteria for a woman-owned small business.”  Noting that these firms won nearly $75 million in government business in 2010 alone, the NASA OIG has referred its report to the SBA and GAO, concerned about a “potential Government-wide effect of this condition.” Continue reading…